Flupirtin-Maleat, Higher Regional Court of Düsseldorf (Oberlandesgericht), 17 January 2013 ”

In preliminary injunction proceedings: to fulfil the requirement of urgency a patentee must actively and with determination enforce the patent. A patentee does not have to wait for the outcome of nullity proceedings if a generic company has launched an infringing product on the market, thereby causing irreparable harm to patentee.

A full summary of this case has been published on Kluwer IP Law.